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Travel when you still wait for the decision
Posted: Wed Jun 23, 2021 10:37 pm
by gemini84
Hi all,
I have a resident permit which expires in May 2022. I applied for ILR 9 weeks ago and still waiting for the decision.
I just want to be advised if I can travel while waiting for my ILR application with current my resident permit?
It is an urgent issue and need to travel asap. I was looking for ILR department e-mail address to expedite my application but I could not find their contact details. if someone knows and shares their e-mail address, would be appreciated.
Thank you in advance.
Re: Travel when you still wait for the decision
Posted: Thu Jun 24, 2021 1:21 am
by secret.simon
gemini84 wrote: ↑Wed Jun 23, 2021 10:37 pm
I have a resident permit
Is that a resident permit issued under the EEA Regulations or under the Settlement Scheme or is it a resident permit issued under any other part of the Immigration Rules?
If it is the latter (issued under other parts of the Immigration Rules), then leaving the UK while the application is in progress automatically withdraws the application.
As your residence permit (leave to remain?) is valid till May 2022, you can travel and return and then start the ILR application from scratch again on your return.
Note that if the application is treated as withdrawn, you will not get a refund on the fees you have paid.
Re: Travel when you still wait for the decision
Posted: Thu Jun 24, 2021 4:31 pm
by gemini84
Hi Simon,
Thank you for quick response.
My visa is under the provisions of ECAA(Turkish European Community Association Agreement). Can I travel while waiting for the decision with this Resident Permit?
Re: Travel when you still wait for the decision
Posted: Thu Jun 24, 2021 4:48 pm
by secret.simon
Appendix ECAA: Settlement indefinite leave to remain (ILR) and further leave to remain (FLR) guidance wrote:(Page 17)
Applications under consideration
Applicants should not make plans to travel outside of the Common Travel Area whilst their application is under consideration. If applicants request their passport back in order to travel prior to a decision being reached on their application, then such applications should be treated as being withdrawn in accordance with Paragraph 34J of the Immigration Rules.
Given that most applications are now made by scanning the passport rather than submitting the passport to the Home Office, I suspect that the provisions (that an application would be considered withdrawn if one leaves the CTA) apply by analogy.
Re: Travel when you still wait for the decision
Posted: Thu Jun 24, 2021 5:14 pm
by gemini84
Hi Simon.
I understand that it would be a big risk then.
Do you know their e-mail address to expedite my application?